From: Alex de Joode <usura@replay.com>
Date: Thu, 18 Jul 1996 20:57:36 +0800
To: cypherpunks@toad.com
Subject: Re: #E-CASH: PRODUCT OR SERVICE?
Message-ID: <199607180929.LAA03315@basement.replay.com>
MIME-Version: 1.0
Content-Type: text/plain


In article <m0ugN8o-000HEEC@JATO.hackvan.com> Stig wrote:

: > Date: Tue, 16 Jul 1996 22:48:23 +0200 (MET DST)
: >  From: Alex de Joode <usura@replay.com>
: >  To: cypherpunks@toad.com
: >  Subject: Re: #E-CASH: PRODUCT OR SERVICE?
: >  Newsgroups: list.cypherpunks
: > 
: > [..]
: >  : "Ecash" is a registered trademark of DigiCash.  It is registered
: >  : with the Benelux trademark office and the United States
: >  : trademark office.  I believe that it is considered unwise to use
: >  : minor variations on trademarked names, but I'm not an
: >  : intellectual property rights lawyer.
: >  
: >  The Benelux (Netherlands, Belgium and Luxembourg) trademark laws
: >  don't allow for slight variations, certainly not if there is a
: >  change that people get confused, it is very very likey that the
: >  judges of the benelux trademark court will decide that
: >  ecash and e-cash are just to simular, and will thus confuse the
: >  public. (art 5 lid 1 BMW)
: >  
: >  btw: I'm surprised DigiCash didn't file for a European Trademark,
: >  but opted for Benelux and US protection.

: Perhaps this has already been voiced on the main list (I get a filtered
: helping or two of cypherpunks), but *I'm* surprised that such a generic name
: as 'Ecash' was granted trademark status anywhere.

: It's like giving Microsoft a trademark on the term 'Email'...  It's nuts!
: Was the term ecash not in use before DigiCash showed up on the scene? 

Untill januari 1st 1996 you could trademark anything in The Benelux.
A bank (ABM*AMRO) has a trademark on 'the bank'; they essentially
upgraded a generic name into a trademark, but the recent changes made 
that impossible since the Benelux Trademark Buro has to check if a name 
is a generic name and they now have the power to refuse a registration. 

bEST Regards,
--

	-AJ-